TMI Blog2019 (2) TMI 585X X X X Extracts X X X X X X X X Extracts X X X X ..... TMI 666 - CESTAT BANGALORE], the Tribunal has held that Indian School of Business is imparting education and not a commercial concern, a view which of course is now covered by retrospective amendment. The sequences of events would indicate that appellant applicant could have entertained a bonafide belief as to non leviability of tax as the services to Indian School of Business is an acceptable view and hence they have justified reasons for not collecting and paying the service tax from December 2007. This is a fit case to invoke the provisions of Section 80 of the Finance Act, 1994 - penalty set aside - appeal allowed. - ST/ROM/30766-30768/2018, Appeals No. ST/2394/2010, ST/32/2012, ST/26536/2013 - M/30027–30029/2019 - Dated:- 16-1- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nies Act as a not for profit company and claiming exemption under Income Tax Act for being an educational institution. Subsequently in the case of Indian School of Business it was held that Indian School of Business is imparting education and is not a commercial concern [2009 (16) STR 632 (Tri.-Bang.)] hence the action taken by the appellant during the period in question of stopping the payment of service tax was correct and the penalties imposed can be set aside by invoking the provisions of Section 80 of the Finance Act, 1994. It is his further submission that the Tribunal in the case of CCE Mumbai vs. Four Circle Clothing Co. [2017 (357) ELT 973 (Tri.-Mumbai)] held that non consideration of an issue raised in the grounds of appeal is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the said letter was acknowledged by the Office of the Superintendent on 19.03.2008. Subsequently, appellant applicant was served a show cause notice for non payment of service tax from December 2007 and this show cause notice was issued on 16.03.2009. We find that the Finance Act, 2010, with retrospective effect from 01.07.2003 clarified that profit motive is not an essential ingredient for an Institute in the field of Commercial Training or Coaching Centre Services which would mean that if an Institute is even established as a non-profit company, the fact has to be verified as to whether the service rendered is to a non-commercial organisation. We find that subsequently in the case of Indian School of Business (supra), the Tribunal h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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